Compendium of Stetson

CONVENTION ON BIOLOGICAL DIVERSITY
Article I. Objectives The objectives of this Convention, to be pursued in accordance with its
relevant provisions, are the conservation of biological diversity. the sustainable use of its
components and the fair and equitable sharing of the benefits arising out of the utilization of
genetic resources, including by appropriate access to genetic resources and by appropriate
transfer of relevant technologies, taking into account all rights over those resources and to
technologies, and by appropriate funding.
Article 2. Use of Terms For the purposes of this Convention:
"Biological diversity" means the variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part: this includes diversity within species, between species and
of ecosystems.
"Biological resources' includes genetic resources, organisms or parts thereof, populations, or

any other biotic component of ecosystems with actual or potential use or value for humanity.
"Biotechnology" means any technological application that uses biological systems, living
organisms, or derivatives thereof, to make or modify products or processes for specific use.
"Country of origin of genetic resources" means the country which possesses those genetic
resources in in-situ conditions.
"Country providing genetic resources' means the country supplying genetic resources
collected from in~situ sources, including populations of both wild and domesticated species,
or taken from ex-si tu sources, which may or may not have originated in that country.
"Domesticated or cultivated species' means species in which the evolutionary process has
been influenced by humans to meet their needs.
"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities

and their non-living environment interacting as a functional unit.
"Ex-situ conservation" means the conservation of components of biological diversity outside

their natural habitats.
"Genetic material" means any material of plant, animal, microbial or other origin containing
functional units of heredity.
"Genetic resources" means genetic material of actual or potential value.
'Habitat" means the place or type of site where an organism or population naturally occurs.
In-situ conditions' means conditions where genetic resources exist within ecosystems and
natural habitats, and. in the case of domesticated or cultivated species, in the surroundings
where they have developed their distinctive properties.
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"In-situ conservation' means the conservation of ecosystems and natural habitats and the
maintenance and recovery of viable populations of species in their natural surroundings and,
in the case of domesticated or cultivated species, in the surroundings where they have
developed their distinctive properties.
"Protected area" means a geographically defined area which is designated or regulated and
managed to achieve specific conservation objectives.
Regional economic integration organization" means an organization constituted by sovereign

States of a given region, to which its member States have transferred competence in respect
of matters governed by this Convention and which has been duly authorized, in accordance
with its internal procedures, to sign, ratify, accept, approve or accede to it.
"Sustainable use" means the use of components of biological diversity in a way and at a rate
that does not lead to the long-term decline of biological diversity, thereby maintaining its
potential to meet the needs and aspirations of present and future generations.
"Technology" includes biotechnology.
Article 8. In-situ Conservation
Each Contracting Party shall, as far as possible and as appropriate:
(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity:
(b) Develop, where necessary, guidelines for the selection, establishment and management of
protected areas or areas where special measures need to be taken to conserve biological
diversity: (c) Regulate or manage biological resources important for the conservation of
biological diversity whether within or outside protected areas, with a view to ensuring their
conservation and sustainable use;
(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings:
(e) Promote environmentally sound and sustainable development in areas adjacent to

protected areas with a view to furthering protection of these areas:
(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened
species, inter alia, through the development and implementation of plans or other
management strategies: (g) Establish or maintain means to regulate, manage or control the
risks associated with the use and release of living modified organisms resulting from
biotechnology which are likely to have adverse environmental impacts that could affect the
conservation and sustainable use of biological diversity, taking also into account the risks to
human health:
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(h) Prevent the introduction of, control or eradicate those alien species which threaten
ecosystems, habitats or species:
(i) Endeavour to provide the conditions needed for compatibility between present uses and
the conservation of biological diversity and the sustainable use of its components:
(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations
and practices of indigenous and local communities embodying traditional lifestyles relevant
for the conservation and sustainable use of biological diversity and promote their wider
application with the approval and involvement of the holders of such knowledge, innovations
and practices and encourage the equitable sharing of the benefits arising from the utilization
of such knowledge, innovations and practices:
(k) Develop or maintain necessary legislation and/or other regulatory provisions for the
protection of threatened species and populations:
(1) Where a significant adverse effect on biological diversity has been determined pursuant to
Article 7, regulate or manage the relevant processes and categories of activities: and
(m) Cooperate in providing financial and other support for in-situ conservation outlined in
subparagraphs (a) to (1) above, particularly to developing countries.
Article 9. Ex-si tu Conservation Each Contracting Party shall, as far as possible and as
appropriate, and predominantly for the purpose of complementing in-situ measures:
(a) Adopt measures for the ex-si tu conservation of components of biological diversity,
preferably in tne country of origin of such components :
(b) Establish and maintain facilities for ex-situ conservation of and research on plants,
animals and micro-organisms, preferably in the country of origin of genetic resources:
(c) Adopt measures for the recovery and rehabilitation of threatened species and for their
reintroduction into their natural habitats under appropriate conditions;
(d) Regulate and manage collection of biological resources from natural habitats for ex-situ
conservation purposes so as not to threaten ecosystems and in-situ populations of species,
except where special temporary ex-si tu measures are required under subparagraph (c) above:
and
(e) Cooperate in providing financial and other support for ex-situ conservation outlined in
subparagraphs (a) to (d) above and in the establishment and maintenance of ex-situ
conservation facilities in developing countries.
Article 11. Incentive Measures Each Contracting Party shall, as far as possible and as
appropriate, adopt economically and socially sound measures that act as incentives for the
conservation and sustainable use of components of biological diversity.
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Article 13. Public Education and Awareness The Contracting Parties shall: (a) Promote and
encourage understanding of the importance of. and the measures required for, the
conservation of biological diversity, as well as its propagation through media, and the
inclusion of these topics in educational programmes; and
(b) Cooperate, as appropriate, with other States and international organizations in developing
educational and public awareness programmes, with respect to conservation and sustainable
use of biological diversity.
Article 14. Impact Assessment and Minimizing Adverse Impacts
1. Each Contracting Party, as far as possible and as appropriate, shai1 :
(a) Introduce appropriate procedures requiring environmental impact assessment of its

proposed projects that are likeiy to have significant adverse effects on biological diversity
with a view to avoiding or minimizing such effects and, where appropriate. allow for public
participation in such procedures;
(b) Introduce appropriate arrangements to ensure that the environmental consequences of its
programmes and policies that are likely to have significant adverse impacts on biological
diversity are duly taken into account:
(c) Promote, on the basis of reciprocity, notification, exchange nf information and

consultation on activities under their jurisdiction or control which are likely to significantly
affect adversely the biological diversity of other States or areas beyond the limits of national
jurisdiction, by encouraging the conclusion of bilateral, regional or multilateral arrangements,
as appropriate;
(d) In the case of imminent or grave danger or damage, originating under its jurisdiction or
control, to biological diversity within the area under jurisdiction of other States or in areas
beyond the limits of national jurisdiction, notify immediately the potentially affected States
of such danger or damage, as well as initiate action to prevent or minimize such danger or
damage; and
(e) Promote national arrangements for emergency responses to activities or events, whether
caused naturally or otherwise, which present a grave and imminent danger to biological
diversity and encourage international cooperation to supplement such national efforts and,
where appropriate and agreed by the States or regional economic Integration organizations
concerned, to establish joint contingency plans.
2. The Conference of the Parties shall examine, on the basis of studies to be carried out, the
issue of liability and redress, including restoration and compensation, for damage to
biological diversity, except where such liability is a purely internal matter.
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Convention on the Conservation of European Wildlife and Natural Habitats
Article 1
1 The aims of this Convention are to conserve wild flora and fauna and their natural habitats,
especially those species and habitats whose conservation requires the co-operation of several
States, and to promote such co-operation.
2 Particular emphasis is given to endangered and vulnerable species, including endangered

and vulnerable migratory species.
Article 2
The Contracting Parties shall take requisite measures to maintain the population of wild flora
and fauna at, or adapt it to, a level which corresponds in particular to ecological, scientific
and cultural requirements, while taking account of economic and recreational requirements
and the needs of sub-species, varieties or forms at risk locally.
Article 11
1 In carrying out the provisions of this Convention, the Contracting Parties undertake:
a to co-operate whenever appropriate and in particular where this would enhance the
effectiveness of measures taken under other articles of this Convention;
b to encourage and co-ordinate research related to the purposes of this Convention.
2 Each Contracting Party undertakes:
a To encourage the reintroduction of native species of wild flora and fauna when this would
contribute to the conservation of an endangered species, provided that a study is first made in
the light of the experiences of other Contracting Parties to establish that such reintroduction
would be effective and acceptable;
b To strictly control the introduction of non-native species.
3 Each Contracting Party shall inform the Standing Committee of the species receiving
complete protection on its territory and not included in Appendices I and II.
Article 13. Public Education and Awareness
The Contracting Parties shall:
(a) Promote and encourage understanding of the importance of and the measures required
for, the conservation of biological diversity, as well as its propagation through media, and the
inclusion of these topics in educational programmes; and
(b) Cooperate, as appropriate, with other States and international organizations in developing
educational and public awareness programmes, with respect to conservation and sustainable
use of biological diversity.
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Article 14.
Impact Assessment and Minimizing Adverse Impacts
1. Each Contracting Party, as far as possible and as appropriate, shai1 :


as appropriate;
damage; and
Recommendation No. 158 (2012) of the Standing Committee, adopted on 30 November

2012 on Conservation translocations under changing climatic conditions
The Standing Committee of the Convention on the Conservation of European Wildlife and
Natural Habitats, acting under the terms of Article 14 of the Convention;
Having regard to the aims of the Convention to conserve wild flora and fauna and its natural
habitats;
Aware that the conservation of natural habitats is a vital component of the protection and
conservation of wild flora and fauna;
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Recalling that Article 2 of the Convention requires Parties to take requisite measures to
maintain the populations of wild flora and fauna at a level which corresponds in particular to
ecological, scientific and cultural requirements, while taking account of economic
requirements;
Recalling that Article 3 of the Convention requires Parties to undertake to have regard to the
conservation of wild fauna and flora in their planning and development policies, and in their
measures against pollution;
Recalling that Article 4 of the Convention requires Parties to take appropriate measures to
ensure the conservation of the habitats of wild flora and fauna species as well as of
endangered natural habitats; and give particular attention to the protection of areas of
importance for migratory species;
Recognising that climate change affects biological diversity in the territory covered by the
Convention, including species, habitats and the Areas of Special Conservation Interest of the
Emerald Network;
Recognising the need to adapt conservation work to the challenges of climate change so as to
minimise its impacts on the species and natural habitats protected under the Convention;
Noting that conservation action is becoming increasingly proactive in managing biodiversity
wherever it occurs, particularly in a climate change context;
Welcoming the scientific progress which has allowed for an increase in the numbers of
comprehensively designed and assessed, carefully implemented and monitored plant and
animal reintroductions, with an associated increase in the understanding of scientific
principles, ethics and practical issues associated with successful reintroductions;
Further noting that assisted colonisations are expected to be increasingly used in future
biodiversity conservation though they remain largely untested;
Emphasising that any conservation introduction (outside indigenous range) brings additional
risks, due to the record of species moved outside their indigenous ranges that have become
invasive aliens, often with extreme adverse impacts on native biological diversity, ecological
services or human livelihoods health and economic interests;
Aware that management solutions based on historical precedence may not always be
adequate for future biodiversity conservation needs, particularly because of the lack of
certainty over ecological relationships, inability to predict ecological outcomes, and the
increasing complexity of global change;
Recalling Decision X/33 of the Conference of the Parties to the Convention on Biological
Diversity on Biodiversity and climate change which invites Parties and other Governments,
according to national circumstances and priorities, as well as relevant organizations and
processes, bearing in mind that under climate change, natural adaptation will be difficult and
recognizing that in situ conservation actions are more effective, to also consider ex situ
measures, such as relocation, assisted migration and captive breeding, among others, that
could contribute to maintaining the adaptive capacity and securing the survival of species at
risk, taking into account the precautionary approach in order to avoid unintended ecological
consequences including, for example, the spread of invasive alien species;
Recalling the EU document “Our life insurance, our natural capital: an EU biodiversity
strategy to 2020”, and more particularly its Target 5 aimed at tighter controls on invasive
alien species;
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Recalling the AEWA “Guidelines for the Translocation of Waterbirds for Conservation
Purposes: Complementing the IUCN Guidelines”, and taking note of Resolution 5.13 of the
Meeting of the Parties to AEWA on Climate change adaptation measures for waterbirds and
in particular the annexed guidance framework for climate change
adaptation when considering species translocation and ex-situ conservation;
Further recalling ACCOBAMS Guidelines for the release of captive cetaceans into the wild;
Recalling Recommendations No. 122 (2006) of the Standing Committee, on the conservation
of biological diversity in the context of climate change; No. 135 (2008) and No. 143 (2009)
of the Standing Committee, on addressing the impacts of climate change on biodiversity;
Further recalling Recommendation No. 142 (2009) of the Standing Committee,
recommending Parties and inviting Observers to the Convention to interpret the term “alien
species” for the purpose of the implementation of the European Strategy on Invasive Alien
Species as not including native species naturally extending their range in response to climate
change;
Welcoming Decision XI/21 of the Conference of the Parties to the Convention on Biological
Diversity on Other matters related to biodiversity and climate change;
Welcoming the report of the Ad Hoc Technical Expert Group on Indicators for the Strategic
Plan for Biodiversity 2011-2020 providing the indicative list of indicators to assess progress
towards the achievement of the 20 Aichi Targets, as annexed to Decision XI/3 of the
Conference of the Parties to the Convention on Biological Diversity on Monitoring progress
in implementation of the Strategic Plan for Biodiversity 2011-2020 and the Aichi
Biodiversity Targets, in particular the operational indicators referring to Target 9 and Target
10;
Welcoming Resolution 10.19 of the Conference of the Parties to the Convention on
Migratory Species on Migratory Species Conservation in the light of climate change
that inter alia urges Parties and the Scientific Council, and encourages conservation
stakeholders and relevant organizations to: consider ex situ measures and assisted
colonization, including translocation, as appropriate for those migratory species most
severely threatened by climate change;
Welcoming the report “An analysis of the implementation of recommendations made by the
Group of Experts on Biodiversity and Climate Change (2006-2010)”, by Prof. Brian Huntley
[doc T-PVS/Inf (2012) 11];
Welcoming and taking into account, for the purpose of the implementation of the present
Recommendation, the IUCN guidelines for Reintroductions and Other Conservation
Translocations, developed by the IUCN SSC Reintroduction Specialist Group and IUCN SSC
Invasive Species Specialist Group in 2012;
Noting the definitions used in the IUCN guidelines for Reintroductions and Other
Conservation Translocations and namely:
Conservation translocation: the human-mediated movement of living
organisms from one area, with release (applicable to individuals of any taxon)
in another, where the primary objective is a conservation benefit; this covers:
1. Population restorations: any conservation translocation to within
indigenous range. This comprises two activities:
Reinforcement: the intentional movement and release of an organism into an
existing population of conspecifics;
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Reintroduction: the intentional movement and release of an organism inside
its indigenous range from which it has disappeared;
2. Conservation introduction: the intentional movement and release of an
organism outside its indigenous range. Two types of conservation
introduction are recognised:
Assisted colonisation: the intentional movement and release of an organism
outside its indigenous range to avoid extinction of any/all populations of
the target species;
Ecological replacement: the intentional movement and release of an organism
outside its indigenous range to perform a specific ecological function.
Recommends Contracting Parties to the Convention and invites Observer States to:
1. Undertake conservation translocations only if aimed to deliver a demonstrable
conservation benefit in terms of species viability or ecological function. Translocation should
therefore be justified, with development of clear objectives, a long-term or permanent
management plan, identification and assessment of risks, and with the specification of clear
measures of performance;
2. Consider alternative solutions before starting a conservation translocation. In particular,
there should be confidence (e.g. via peer-reviewed evidence and in absence of this
consideration of best available expert knowledge) that alternative solutions are not more
appropriate, including in particular:
a. Increased habitat availability (area-based solutions);
b. Management of the species or its habitat (species-based solutions);
c. Social or indirect solutions, either in isolation or in combination with the above (e.g.
habitat restoration and mitigation of pressures);
d. Doing nothing, which may carry lower risks of extinction compared to those of
alternative solutions.
3. Carefully assess in advance the full range of possible hazards both during a translocation
and after release of organisms, including any transboundary impact, taking into account that
any translocation bears risks that it will not achieve its objectives and/or will cause
unintended damage;
4. Combine proportional risk analysis with conclusions from a feasibility study before
deciding whether a translocation should proceed or not. Where possible, formal methods for
making decisions based on best evidence should be used. As a general principle, where there
is inadequate information to assess that a translocation outside indigenous range bears low
risks, the Precautionary Principle should be applied and such a translocation should not be
carried out;
5. Consider particularly the ecological risks, including the risk of gene escape in any risk
analysis;
6. Where relevant, prioritise the species or populations to be translocated, based on criteria
such as their ecological role, their evolutionary distinctiveness or uniqueness, their role as
flagship species, their threatened status, or potential as ecological replacements; where
species are extinct, consequent changes in the ecosystem can indicate a need to restore the
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ecological function provided by the lost species, which can constitute justification for
exploring an ecological replacement;
7. Follow the revised IUCN guidelines for Reintroductions and Other Conservation
Translocations, developed by the IUCN SSC Reintroduction Specialist Group and IUCN SSC
Invasive Species Specialist Group when conducting translocations;
8. Inform the Standing Committee of measures taken to implement this recommendation.

2012, on the effective implementation of guidance for Parties on biodiversity and
climate change
Natural Habitats, in accordance with Article 14 of the Convention,
habitats;
requirements;
Emerald Network;
Bearing in mind that climate change mitigation has a key role in reducing the impacts of
climate change on biodiversity and the need for further adaptation measures;
Recalling the CBD Conference of the Parties Decision X/33 on Biodiversity and climate
change and its guidance;
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Recognising the EU 2020 Biodiversity Strategy, namely the strategic objective aiming at a
more climate resilient, low-carbon economy;
Recalling recommendations of the Standing Committee to the Bern Convention: No. 122
(2006), on the conservation of biological diversity in the context of climate change; No. 135
(2008) and No. 143 (2009) on addressing the impacts of climate change on biodiversity; No.
145 (2010) on guidance for Parties on biodiversity and climate change in mountain regions;
No. 146 (2010) on guidance for Parties on biodiversity and climate change in European
islands, No. 147 (2010) on guidance for Parties on wildland fires, biodiversity and climate
change; and No. 152 (2011) on Marine Biodiversity and Climate Change;
Welcoming and bearing in mind the conclusions of the monitoring assessment presented in
the report “An analysis of the implementation of recommendations made by the Group of
Experts on Biodiversity and Climate Change (2006-2010)”, by Prof. Brian Huntley [doc T-
PVS/Inf (2012) 11];

Migratory Species Conservation in the light of climate change and Resolution 5.13 of the
Meeting of the Parties to the African-Eurasian Waterbirds Agreement on Climate change
adaptation measures for waterbirds;
Diversity on Monitoring progress in implementation of the Strategic Plan for Biodiversity
2011-2020 and the Aichi Biodiversity Targets;
Acknowledging that most Parties already recognise the need to take action in relation to the
conservation of biodiversity in the face of climate change;
Noting that many Parties reported actions relating to the development of policies, strategies
or legislative measures designed to address specifically the issue of biodiversity conservation
in the face of climate change;
Welcoming in particular many excellent examples of good practice which were identified,
especially those where the embedding of consideration of biodiversity issues cross-
sectorally has already been achieved, where win–win solutions are being adopted for
adaptation and/or mitigation, where the development of ecological networks is already
underway, where the need to embed national actions in their international context has been
recognised, where systematic evaluations of species’ vulnerability to climate change have
been made using species’ distribution models, and where a national vision underpins a series
of coherent actions aimed at addressing both the limitation of climate change and its
inevitable impacts;
Concerned by the gaps identified with regards to those specific and practical actions most
directly related to minimising the negative effects of climate change on biodiversity, and
especially upon species and ecosystems already under threat from other pressures;
Recalling the desirability and benefits of adopting adaptive management practices;
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Stressing that many of the actions recommended can almost certainly be commenced under
existing conservation legislation in the Parties:
1. Urgently implement the practical conservation measures that have been recommended
by the Group of Experts and encourage appropriate national bodies involved in nature
conservation to adopt and use them as resources permit; urgent action should more
particularly focus on implementing adaptive management practices and strategies,
enhancing the adaptive capacity of vulnerable species (rare/endemic/threatened),
minimising pressures and threats on species and habitats that are most vulnerable to
climate change, and implementing monitoring of, inter alia; species’ population trends,
species behaviour, including phenology, and climate change impacts upon critical
areas;
2. Take further steps to develop ecological networks, to promote and enhance the
permeability of landscapes generally, and also enhance their protected areas networks, as
appropriate, by increasing the extent of existing sites, designating new sites and
establishing buffer zones, and ensuring they are sustainably and adaptively managed;
3. Take an appropriately long-term view, based on adaptive management methodologies,
when formulating management plans and strategies for protected areas management;
4. Adopt, as appropriate, a more holistic approach when formulating strategies and plans
for ecological networks or protected areas, and when developing conservation or recovery
plans for individual species. In particular, encourage the general adoption of the
examples of good practice reported, especially by Switzerland and Ukraine, with respect
to taking into account their international context when planning ecological networks, and
to developing networks and protected areas in partnership with their neighbours;
5. Adopt measures that encourage biodiversity conservation to be embedded across other
sectors and taken into account when formulating policies or strategies for those sectors,
also by informing policy-makers across the Parties about the opportunities for win–win
solutions, for instance through the development and use of ecosystem-based approaches,
when developing strategies for adaptation to climate change by their sector as well as for
mitigation measures;
6. Undertake knowledge transfer activities using existing mechanisms, to encourage
awareness by other stakeholders and the general public of the challenges posed and
opportunities presented by climate change when considering biodiversity conservation,
including its links to other sectors and the opportunities for win–win solutions;
7. Take account of the potential increased risk of wildfires as a result of climate change
and embed, as appropriate, mitigation measures for consideration of this risk into
protected area management plans;
8. Adopt the good practice, identified in the case of the United Kingdom, of implementing
measures for the assessment of introductions that include assessment of the impacts of
projected climate changes on species’ invasion potential;
Further instructs the Bern Convention Group of Experts on biodiversity and climate change
to:
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1. Take all necessary steps to ensure that the importance of the issue of climate change on
biodiversity, and understanding the role of biodiversity in adapting to and mitigating the
effects of climate change is well recognised by all Contracting Parties;
2. Promote awareness among Contracting Parties of the examples of good practice identified
and urge their implementation;
3. Ensure that those persons preparing reports from Parties for the Group of Experts are
fully informed about relevant activities, for example monitoring activities, being
undertaken in their country, thus avoiding spurious identification of gaps in the activities
of that Party or of priorities for new actions by the Party;
4. Assess the potential for introduced species already present in the national territory of
Contracting Parties to become invasive under future climate conditions, in close co-
operation with the Group of Experts on Invasive Alien Species, and using information
and methodologies developed in other fora, where appropriate;
5. Inform the Standing Committee on the progress made in the implementation of this
Recommendation.
FUTURE CMS ACTIVITIES RELATED TO INVASIVE ALIEN SPECIES (11.28)
Considering that Article III of the Convention requests Parties to prevent, reduce and/or
strictly control the introduction of exotic species, and to control and/or eliminate those
already introduced;
Aware that invasive alien species (IAS) have an impact on migratory species through
predation, competition and genetic changes caused by hybridization, as well as through the
transmission of diseases, impairment of breeding and by causing loss of habitat and resources
crucial for migratory species;
Noting that the impact of IAS may result in local extinction or decline in population numbers
of certain species as well as changes to migration patterns, and that the natural behaviour of
migratory species may lead to negative interactions with IAS not only in their breeding,
stopover and wintering grounds, but also during migrations, which can result in cumulative
impacts from IAS;
Stressing the need to encourage continued research and collection of data on impacts on
migratory species posed by IAS, and also the importance of ensuring that future management
of migratory species and their habitats adequately takes into account consequent impacts and
risks posed by IAS;
Noting that IAS issues are explicitly covered by CMS and related instruments concluded
under its auspices, including the updated CMS Strategic Plan 2006-2014
(UNEP/CMS/Conf.10.22) and the new CMS Strategic Plan 2015-2023 where IAS are
considered as one of the threats to migratory species, requiring specific measures to be dealt
with, within the specificities of CMS;
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Remarking that the inclusion of provisions to prevent and/or control IAS is already ensured
by the Convention, where needed, e.g. within the International Single Species Action Plans
(SSAP) for endangered species included in Appendix I developed in cooperation with the
Convention’s daughter instruments and other partner organizations, as it is the case of the
CMS/AEWA SSAP for the White-headed duck, supported by the EU and the Bern
Convention;
Appreciating that a number of CMS Agreements have already made progress towards
tackling the threats posed by IAS to species listed on Appendix II, e.g. the AfricanEurasian
Migratory Waterbird Agreement (AEWA) in 2006 adopted Guidelines on Avoidance of
Introductions of Non-Native Waterbird Species;
Noting with satisfaction the important contribution of specific initiatives such as the adoption
by the Agreement on the Conservation of Albatrosses and Petrels (ACAP) of conservation
guidelines aiming at assisting with the development of plans for the eradication of introduced
vertebrates from breeding sites of ACAP species (particularly seabirds on islands);
Welcoming initiatives such as the Wadden Sea Plan 2010 adopted by the Common Wadden
Sea Secretariat, which supports the Agreement on the Conservation of Seals in the Wadden
Sea as well as the Trilateral Sea Cooperation, which foresees intensified support and efforts
to harmonize approaches to the prevention, management and monitoring of aquatic and
terrestrial IAS;
Recognizing the collaborative effort required at global, regional and local levels to deal with
IAS, especially through prevention, early detection and rapid response, and that such efforts
require collaboration among governments, economic sectors and nongovernmental and
international organizations;
Appreciating the important developments in the growth of inter-sectoral cooperation on IAS

issues between different institutions and organizations and stressing that systematic
cooperation between different conventions and agreements would provide greater and more
effective opportunities to address issues related to IAS;
Welcoming the Convention on Biological Diversity’s work on addressing the risks associated
with the introduction of IAS’s;
Aware of the Strategic Plan for Biodiversity 2011–2020 adopted at COP10 by the
Convention for Biological Diversity (Nagoya, October 2010) including Target 9 the aims of
which are: “invasive alien species and pathways are identified and prioritized, priority species
are controlled or eradicated, and measures are in place to manage pathways to prevent their
introduction and establishment”;
Welcoming the 5th CBD/Ramsar Joint Work Plan, for 2011-2020, through which Ramsar
delivers its leading role for implementing CBD programmes of work related to wetlands,
including on inland waters, marine and coastal biodiversity and protected areas, as well as the
revised CMS/Ramsar Joint Work Plan, as flexible frameworks for collaboration with CBD,
CMS and its wetland-relevant Agreements and Memoranda (see Ramsar Resolution XI.6);
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Noting CMS Resolution 10.21 which welcomed the revised CMS/Ramsar Memorandum of
Cooperation and Joint Work Plan as a flexible framework for collaboration with the CMS and
its wetland-relevant sister Agreements and Memoranda;
Further noting CITES Resolution Conf.13.10 (Rev. CoP14) on “Trade in alien invasive
species” recommending that the Parties consider the opportunities for synergy with CBD and
explore appropriate cooperation and collaboration on the issue of introductions of alien
species that are potentially invasive; and
Taking note of the Review of the Impact of Invasive Alien Species on Species under CMS
(UNEP/CMS/COP11/Inf.32) undertaken by the IUCN/SSC Invasive Species Specialist
Group (ISSG) and thanking the government of Italy for funding this review;
The Conference of the Parties to the Convention on the Conservation of Migratory Species of
Wild Animals
1. Calls on Parties and non-Parties to address threats from IAS and particularly to undertake
concrete dedicated actions aimed at preventing and mitigating the negative impact of IAS on
migratory species, consistent with applicable international obligations and with a focus on
CMS-listed species, including the elaboration of national lists of species for which
restrictions might apply, development and further implementation of specific and/or thematic
action plans and management plans for species and pathways of greater concern, focusing on
Best Practices for Addressing Risks to Biodiversity including preventing the introduction of
listed species, and where IAS threats have established eradicating priority IAS from priority
sites, or controlling priority IAS threats (where eradication isn't feasible) also at priority sites;
2. Requests the Scientific Council to ensure that the following are addressed: the
improvement of understanding of interactions between IAS and threatened migratory species;
the development of priorities for intervention; and the improvement in international
cooperation and development of adaptable management strategies when discussing topics for
which IAS might be relevant;
3. Instructs the Secretariat to continue to streamline activities focusing on IAS issues within
the CMS Family Secretariats, whenever feasible and relevant and within the mandates given
by their Parties/Signatories, in order to enhance the effective delivery of concrete
conservation action (including active management of IAS and the threatened CMS species)
and awareness-raising;
4. Invites Parties and non-Parties to take into account the risk of migratory species to become
invasive themselves if translocated and/or introduced outside their natural range, by
undertaking dedicated risk assessments incorporating future climate change scenarios for any
movement of animals, including measures related to conservation actions targeting
endangered species;
5. Further invites Parties and non-Parties to take into account the risk of facilitating the
introduction or spread of IAS while implementing any climate change mitigation or
adaptation measures;
15 | P a g e
6. Instructs the Secretariat to encourage Parties and non-Parties: (i) to ensure at national level,
effective collaboration in relation to issues concerning IAS among national authorities and
focal points that deal with the CBD, the CITES, Ramsar Convention, the Bern Convention,
IMO, IPPC, OIE and other organizations as appropriate (ii) to address threats from IAS and
(iii) as appropriate, to make full use of existing guidelines in addressing the risks associated
with the introduction of alien species;
7. Further instructs the Secretariat to identify potential strategic partners and engage with
them when developing information campaigns and other outreach activities and encourages
all relevant stakeholders to contribute to these initiatives;
8. Urges the Scientific Council to address at its future meetings options for enhanced
cooperation, policy coherence and implementation with regard to work on IAS, in a manner
consistent with their mandates, governance arrangements and agreed programmes of the
Scientific Council and other MEAs;
9. Instructs the Secretariat, resources permitting, to participate in the Inter-Agency Liaison

Group on Invasive Alien Species, established by decision IX/4 of CBD to address gaps and
inconsistencies in the international regulatory framework on the IAS issue;
10. Noting the need for closer collaboration with other MEAs to harmonize efforts to further
address the issue of IAS, including by developing guidance, analysing the risks associated
with the introduction of alien species that are a potential threat to biodiversity, and taking
note that the risks associated with the introduction of alien species may include impacts on
ecosystem functioning and biodiversity at the ecosystem, species and gene levels, in order to
support measures to prevent the introduction and spread of the most harmful species;
11. Encourages Parties, non-Parties and donors to provide financial support to ensure that
adequate resources are provided to the Secretariat to allow partnerships to be developed and
strengthened;
12. Requests Parties, non-Parties and donors to avoid policies and initiatives that either limit
the use of effective measures to eradicate or control IAS threatening migratory species or
facilitate the introduction and further spread of IAS which represent or might present a threat
to migratory species; and
13. Instructs the Secretariat to develop closer consultative relationships with a number of
environment funding organizations with a view to mobilizing resources for the
implementation of the measures directed at dealing with IAS issues in relation to migratory
species.
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Convention on the Conservation of Migratory Species of Wild Animals
Article III
Endangered Migratory Species: Appendix I
1. Appendix I shall list migratory species which are endangered.
2. A migratory species may be listed in Appendix I provided that reliable evidence, including
the best scientific evidence available, indicates that the species is endangered.
3. A migratory species may be removed from Appendix I when the Conference of the Parties
determines that:
a) reliable evidence, including the best scientific evidence available, indicates that the
species is no longer endangered, and
b) the species is not likely to become endangered again because of loss of protection
due to its removal from Appendix I.
4. Parties that are Range States of a migratory species listed in Appendix I shall endeavour:
a) to conserve and, where feasible and appropriate, restore those habitats of the
species which are of importance in removing the species from danger of extinction;
b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects
of activities or obstacles that seriously impede or prevent the migration of the species;
and
c) to the extent feasible and appropriate, to prevent, reduce or control factors that are
endangering or are likely to further endanger the species, including strictly controlling
the introduction of, or controlling or eliminating, already introduced exotic species.
5. Parties that are Range States of a migratory species listed in Appendix I shall prohibit the
taking of animals belonging to such species. Exceptions may be made to this prohibition only
if:
a) the taking is for scientific purposes;
b) the taking is for the purpose of enhancing the propagation or survival of the
affected species;
c) the taking is to accommodate the needs of traditional subsistence users of such
species; or
d) extraordinary circumstances so require;
provided that such exceptions are precise as to content and limited in space and time. Such
taking should not operate to the disadvantage of the species.
6. The Conferences of the Parties may recommend to the Parties that are Range States of a
migratory species listed in Appendix I that they take further measures considered appropriate
to benefit the species.
7. The Parties shall as soon as possible inform the Secretariat of any exceptions made
pursuant to paragraph 5 of this Article.
Article V
Guidelines for AGREEMENTS
1. The object of each AGREEMENT shall be to restore the migratory species concerned to a
favourable conservation status or to maintain it in such a status. Each Agreement should deal
with those aspects of the conservation and management of the migratory species concerned
which serve to achieve that object.
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2. Each AGREEMENT should cover the whole of the range of the migratory species
concerned and should be open to accession by all Range States of that species, whether or not
they are Parties to this Convention.
3. An AGREEMENT should, wherever possible, deal with more than one migratory species.
4. Each AGREEMENT should:
a) identify the migratory species covered;
b) describe the range and migration route of the migratory species;
c) provide for each Party to designate its national authority concerned with the
implementation of the AGREEMENT.
d) establish, if necessary, appropriate machinery to assist in carrying out the aims of
the AGREEMENT, to monitor its effectiveness, and to prepare reports for the
Conference of the Parties;
e) provide for procedures for the settlement of disputes between Parties to the
AGREEMENT; and
f) at a minimum, prohibit, in relation to a migratory species of the Order Cetacea, any
taking that is not permitted for that migratory species under any other multilateral
Agreement and provide for accession to the AGREEMENT by States that are not
Range States of that migratory species.

5. Where appropriate and feasible, each AGREEMENT should provide for but not be limited
to:
a) periodic review of the conservation status of the migratory species concerned and
the identification of the factors which may be harmful to that status;
b) co-ordinated conservation and management plans;
c) research into the ecology and population dynamics of the migratory species
concerned, with special regard to migration;
d) the exchange of information on the migratory species concerned, special regard
being paid to the exchange of the results of research and of relevant statistics;
e) conservation and, where required and feasible, restoration of the habitats of
importance in maintaining a favourable conservation status, and protection of such
habitats from disturbances, including strict control of the introduction of, or control of
already introduced, exotic species detrimental to the migratory species;
f) maintenance of a network of suitable habitats appropriately disposed in relation to
the migration routes;
g) where it appears desirable, the provision of new habitats favourable to the
migratory species or reintroduction of the migratory species into favourable habitats;
h) elimination of, to the maximum extent possible, or compensation for activities and
obstacles which hinder or impede migration;
i) prevention, reduction or control of the release into the habitat of the migratory
species of substances harmful to that migratory species;
j) measures based on sound ecological principles to control and manage the taking of
the migratory species;
k) procedures for co-ordinating action to suppress illegal taking;
l) exchange of information on substantial threats to the migratory species;
m) emergency procedures whereby conservation action would be considerably and
rapidly strengthened when the conservation status of the migratory species is
seriously affected; and
n) making the general public aware of the contents and aims of the AGREEMENT.
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Sovereignty V. Trans-Boundary Environmental Harm: The Evolving International Law
Obligations And The Sethusamuduram Ship Channel Report,
The duty to cooperate in International law: Sovereignty vs. trans-boundary environmental

harm (A) The principle of territorial sovereignty and the doctrine of abuse of rights The
stating point of this paper lies in the principle of territorial sovereignty, which must bend
before international obligations and identification of its limitations, where its exercise touches
upon the territorial sovereignty and integrity of another State. Although in earlier times States
assumed ‘full’ and ‘absolute’ sovereignty and thus could freely use resources within their
territories regardless of the impact this might have on neighbouring States, few would argue
today that territorial sovereignty is an unlimited concept enabling a State to do whatever it
likes. State sovereignty cannot be exercised in isolation because activities of one State often
bear upon those of others and, consequently, upon their sovereign rights. As Oppenheim
noted in 1912: A State, in spite of its territorial supremacy, is not allowed to alter the natural
conditions of its own territory to the disadvantage of the natural conditions of the territory of
a neighbouring State.4 Thus, the principle of territorial sovereignty finds its limitations where
its exercise touches upon the territorial sovereignty and integrity of another State.
Consequently, the scope for discretionary action arising from the principle of sovereignty is
determined by such principles and adages as ‘good neighbourliness’ and sic utere tuo ut
alienum non laedas (you should use your property in such a way as not to cause injury to your
neighbour’s) as well as by the principle of State responsibility for actions causing trans
boundary damage.
Corfu Channel (U.K. v. Alb.)
A second Judgment, rendered on 9 April 1949, related to the merits of the dispute. The Court
found that Albania was responsible under international law for the explosions that had taken
place in Albanian waters and for the damage and loss of life which had ensued. It did not
accept the view that Albania had itself laid the mines or the purported connivance of Albania
with a mine-laying operation carried out by the Yugoslav Navy at the request of Albania. On
the other hand, it held that the mines could not have been laid without the knowledge of the
Albanian Government. On that occasion, it indicated in particular that the exclusive control
exercised by a State within its frontiers might make it impossible to furnish direct proof of
facts incurring its international responsibility. The State which is the victim must, in that
case, be allowed a more liberal recourse to inferences of fact and circumstantial evidence ;
such indirect evidence must be regarded as of especial weight when based on a series of facts,
linked together and leading logically to a single conclusion. Albania, for its part, had
submitted a counter-claim against the United Kingdom. It accused the latter of having
violated Albanian sovereignty by sending warships into Albanian territorial waters and of
carrying out minesweeping operations in Albanian waters after the explosions. The Court did
not accept the first of these complaints but found that the United Kingdom had exercised the
right of innocent passage through international straits. On the other hand, it found that the
minesweeping had violated Albanian sovereignty, because it had been carried out against the
will of the Albanian Government. In particular, it did not accept the notion of “self-help”
asserted by the United Kingdom to justify its intervention.
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International liability for injurious consequences arising out of acts not prohibited by
international law
Article 3. Prevention The State of origin shall take all appropriate measures to prevent
significant transboundary harm or at any event to minimize the risk thereof.
Commentary
(1) Article 3 is based on the fundamental principle sic utere tuo ut alienum non laedas, which
is reflected in principle 21 of the Stockholm Declaration,877 reading: States have, in
accordance with the Charter of the United Nations and the principles of international law, the
sovereign right to exploit their own natural resources pursuant to their own environmental
policies, and the responsibility to ensure that activities within their jurisdiction or control do
not cause damage to the environment of other States or of areas beyond the limits of national
jurisdiction.
(2) However, the limitations on the freedom of States reflected in principle 21 are made more
specific in article 3 and subsequent articles.
(3) This article, together with article 4, provides the basic foundation for the articles on
prevention. The articles set out the more specific obligations of States to prevent significant
transboundary harm or at any event to minimize the risk thereof. The article thus emphasizes
the primary duty of the State of origin to prevent significant transboundary harm; and only in
case this is not fully possible it should exert its best efforts to minimize the risk thereof. The
phrase “at any event” is intended to express priority in favour of the duty of prevention. The
word “minimize” should be understood in this context as meaning to pursue the aim of
reducing to the lowest point the possibility of harm.
(4) The present article is in the nature of a statement of principle. It provides that States shall
take all appropriate measures to prevent significant transboundary harm or at any event
minimize the risk thereof. The phrase “all appropriate measures” refers to all those specific
actions and steps that are specified in the articles on prevention and minimization of
transboundary harm. Article 3 is complementary to articles 9 and 10 and together they
constitute a harmonious ensemble. In addition, it imposes an obligation on the State of origin
to adopt and implement national legislation incorporating accepted international standards.
These standards would constitute a necessary reference point to determine whether measures
adopted are suitable.
(5) As a general principle, the obligation in article 3 to prevent significant transboundary

harm or minimize the risk thereof applies only to activities which involve a risk of causing
significant transboundary harm, as those terms are defined in article 2. In general, in the
context of prevention, a State of origin does not bear the risk of unforeseeable consequences
to States likely to be affected by activities within the scope of these articles. On the other
hand, the obligation to “take all appropriate measures” to prevent harm, or to minimize the
risk thereof, cannot be confined to activities which are already properly appreciated as
20 | P a g e
involving such a risk. The obligation extends to taking appropriate measures to identify
activities which involve such a risk, and this obligation is of a continuing character.
(6) This article, then, sets up the principle of prevention that concerns every State in relation
to activities covered by article 1. The modalities whereby the State of origin may discharge
the obligations of prevention which have been established include, for example, legislative,
administrative or other action necessary for enforcing the laws, administrative decisions and
policies which the State of origin has adopted.
(7) The obligation of the State of origin to take preventive or minimization measures is one
of due diligence. It is the conduct of the State of origin that will determine whether the State
has complied with its obligation under the present articles. The duty of due diligence
involved, however, is not intended to guarantee that significant harm be totally prevented, if
it is not possible to do so. In that eventuality, the State of origin is required, as noted above,
to exert its best possible efforts to minimize the risk. In this sense, it does not guarantee that
the harm would not occur.
(8) An obligation of due diligence as the standard basis for the protection of the environment
from harm can be deduced from a number of international conventions as well as from the
resolutions and reports of international conferences and organizations. The obligation of due
diligence was discussed in a dispute which arose in 1986 between Germany and Switzerland
relating to the pollution of the Rhine by Sandoz. The Swiss Government acknowledged
responsibility for lack of due diligence in preventing the accident through adequate regulation
of its pharmaceutical industries.
(9) In the “Alabama” case, the tribunal examined two different definitions of due diligence
submitted by the parties. The United States defined due diligence as: [A] diligence
proportioned to the magnitude of the subject and to the dignity and strength of the power
which is to exercise it; a diligence which shall, by the use of active vigilance, and of all the
other means in the power of the neutral, through all stages of the transaction, prevent its soil
from being violated; a diligence that shall in like manner deter designing men from
committing acts of war upon the soil of the neutral against its will. The United Kingdom
defined due diligence as “such care as Governments ordinarily employ in their domestic
concerns”. The tribunal seemed to have been persuaded by the broader definition of the
standard of due diligence presented by the United States and expressed concern about the
“national standard” of due diligence presented by the United Kingdom. The tribunal stated
that: [the] British case seemed also to narrow the international duties of a Government to the
exercise of the restraining powers conferred upon it by municipal law, and to overlook the
obligation of the neutral to amend its laws when they were insufficient.
(10) In the context of the present articles, due diligence is manifested in reasonable efforts by
a State to inform itself of factual and legal components that relate foreseeably to a
contemplated procedure and to take appropriate measures, in timely fashion, to address them.
Thus, States are under an obligation to take unilateral measures to prevent significant
transboundary harm or at any event to minimize the risk thereof arising out of activities
within the scope of article 1. Such measures include, first, formulating policies designed to
21 | P a g e
prevent significant transboundary harm or to minimize the risk thereof and, secondly,
implementing those policies. Such policies are expressed in legislation and administrative
regulations and implemented through various enforcement mechanisms.
(11) The standard of due diligence against which the conduct of the State of origin should be
examined is that which is generally considered to be appropriate and proportional to the
degree of risk of transboundary harm in the particular instance. For example, activities which
may be considered ultrahazardous require a much higher standard of care in designing
policies and a much higher degree of vigour on the part of the State to enforce them. Issues
such as the size of the operation; its location, special climate conditions, materials used in the
activity, and whether the conclusions drawn from the application of these factors in a specific
case are reasonable, are among the factors to be considered in determining the due diligence
requirement in each instance. What would be considered a reasonable standard of care or due
diligence may change with time; what might be considered an appropriate and reasonable
procedure, standard or rule at one point in time may not be considered as such at some point
in the future. Hence, due diligence in ensuring safety requires a State to keep abreast of
technological changes and scientific developments.
(12) It is also necessary in this connection to note principle 11 of the Rio Declaration, which
states:
States shall enact effective environmental legislation. Environmental standards, management

objectives and priorities should reflect the environmental and developmental context to which
they apply. Standards applied by some countries may be inappropriate and of unwarranted
economic and social cost to other countries, in particular developing countries.
(13) Similar language is found in principle 23 of the Stockholm Declaration. That principle,
however, specifies that such domestic standards are “[w]ithout prejudice to such criteria as
may be agreed upon by the international community”.The economic level of States is one of
the factors to be taken into account in determining whether a State has complied with its
obligation of due diligence. But a State’s economic level cannot be used to dispense the State
from its obligation under the present articles.
(14) Article 3 imposes on the State a duty to take all necessary measures to prevent
significant transboundary harm or at any event to minimize the risk thereof. This could
involve, inter alia, taking such measures as are appropriate by way of abundant caution, even
if full scientific certainty does not exist, to avoid or prevent serious or irreversible damage.
This is well articulated in principle 15 of the Rio Declaration and is subject to the capacity of
States concerned (see paragraphs (5) to (8) of the commentary to article 10). An efficient
implementation of the duty of prevention may well require upgrading the input of technology
in the activity as well as the allocation of adequate financial and manpower resources with
necessary training for the management and monitoring of the activity.
(15) The operator of the activity is expected to bear the costs of prevention to the extent that
he is responsible for the operation. The State of origin is also expected to undertake the
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necessary expenditure to put in place the administrative, financial and monitoring
mechanisms referred to in article 5.
(16) States are engaged in continuously evolving mutually beneficial schemes in the areas of
capacity-building, transfer of technology and financial resources. Such efforts are recognized
to be in the common interest of all States in developing uniform international standards
regulating and implementing the duty of prevention.
(17) The main elements of the obligation of due diligence involved in the duty of prevention
could be thus stated: the degree of care in question is that expected of a good Government. It
should possess a legal system and sufficient resources to maintain an adequate administrative
apparatus to control and monitor the activities. It is, however, understood that the degree of
care expected of a State with a well-developed economy and human and material resources
and with highly evolved systems and structures of governance is different from States which
are not so well placed. Even in the latter case, vigilance, employment of infrastructure and
monitoring of hazardous activities in the territory of the State, which is a natural attribute of
any Government, are expected.
(18) The required degree of care is proportional to the degree of hazard involved. The degree
of harm itself should be foreseeable and the State must know or should have known that the
given activity has the risk of significant harm. The higher the degree of inadmissible harm,
the greater would be the duty of care required to prevent it.
Universal Declaration of Human Rights
Article 3.

Everyone has the right to life, liberty and security of person.
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CONVENTION ON BIOLOGICAL DIVERSITY
Article I.
Objectives The objectives of this Convention, to be pursued in accordance with its relevant
provisions, are the conservation of biological diversity. the sustainable use of its components
and the fair and equitable sharing of the benefits arising out of the utilization of genetic
resources, including by appropriate access to genetic resources and by appropriate transfer of
relevant technologies, taking into account all rights over those resources and to technologies,
and by appropriate funding.
Article 2. Use of Terms For the purposes of this Convention:
"Biological diversity" means the variability among living organisms from all sources
including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological
complexes of which they are part: this includes diversity within species, between species and
of ecosystems.
"Biological resources' includes genetic resources, organisms or parts thereof, populations, or

any other biotic component of ecosystems with actual or potential use or value for humanity.
"Biotechnology" means any technological application that uses biological systems, living
organisms, or derivatives thereof, to make or modify products or processes for specific use.
"Country of origin of genetic resources" means the country which possesses those genetic
resources in in-situ conditions.
"Country providing genetic resources' means the country supplying genetic resources
collected from in~situ sources, including populations of both wild and domesticated species,
or taken from ex-si tu sources, which may or may not have originated in that country.
"Domesticated or cultivated species' means species in which the evolutionary process has
been influenced by humans to meet their needs.
"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities

and their non-living environment interacting as a functional unit.
"Ex-situ conservation" means the conservation of components of biological diversity outside

their natural habitats.
"Genetic material" means any material of plant, animal, microbial or other origin containing
functional units of heredity.
"Genetic resources" means genetic material of actual or potential value.
'Habitat" means the place or type of site where an organism or population naturally occurs.
In-situ conditions' means conditions where genetic resources exist within ecosystems and
natural habitats, and. in the case of domesticated or cultivated species, in the surroundings
where they have developed their distinctive properties.
24 | P a g e
"In-situ conservation' means the conservation of ecosystems and natural habitats and the
maintenance and recovery of viable populations of species in their natural surroundings and,
in the case of domesticated or cultivated species, in the surroundings where they have
developed their distinctive properties.
"Protected area" means a geographically defined area which is designated or regulated and
managed to achieve specific conservation objectives. Regional economic integration
organization" means an organization constituted by sovereign States of a given region, to
which its member States have transferred competence in respect of matters governed by this
Convention and which has been duly authorized, in accordance with its internal procedures,
to sign, ratify, accept, approve or accede to it.
"Sustainable use" means the use of components of biological diversity in a way and at a rate
that does not lead to the long-term decline of biological diversity, thereby maintaining its
potential to meet the needs and aspirations of present and future generations. "Technology"
includes biotechnology.
Article 6.
General Measures for Conservation and Sustainable Use Each Contracting Party shall, in
accordance with its particular conditions and capabilities: (a) Develop national strategies,
plans or programmes for the conservation and sustainable use of biological diversity or adapt
for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the
measures set out in this Convention relevant to the Contracting Party concerned; and (b)
Integrate, as far as possible and as appropriate, the conservation and sustainable use of
biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies.
Article 8. In-situ Conservation Each Contracting Party shall, as far as possible and as
appropriate:
(a) Establish a system of protected areas or areas where special measures need to be taken to
conserve biological diversity:
(b) Develop, where necessary, guidelines for the selection, establishment and management of
protected areas or areas where special measures need to be taken to conserve biological
diversity: (c) Regulate or manage biological resources important for the conservation of
biological diversity whether within or outside protected areas, with a view to ensuring their
conservation and sustainable use;
(d) Promote the protection of ecosystems, natural habitats and the maintenance of viable
populations of species in natural surroundings:
(e) Promote environmentally sound and sustainable development in areas adjacent to

protected areas with a view to furthering protection of these areas:
25 | P a g e
(f) Rehabilitate and restore degraded ecosystems and promote the recovery of threatened
species, inter alia, through the development and implementation of plans or other
management strategies:
(g) Establish or maintain means to regulate, manage or control the risks associated with the
use and release of living modified organisms resulting from biotechnology which are likely to
have adverse environmental impacts that could affect the conservation and sustainable use of
biological diversity, taking also into account the risks to human health:
(h) Prevent the introduction of, control or eradicate those alien species which threaten
ecosystems, habitats or species:
(i) Endeavour to provide the conditions needed for compatibility between present uses and
the conservation of biological diversity and the sustainable use of its components:
(j) Subject to its national legislation, respect, preserve and maintain knowledge, innovations
and practices of indigenous and local communities embodying traditional lifestyles relevant
for the conservation and sustainable use of biological diversity and promote their wider
application with the approval and involvement of the holders of such knowledge, innovations
and practices and encourage the equitable sharing of the benefits arising from the utilization
of such knowledge, innovations and practices:
Article 14. Impact Assessment and Minimizing Adverse Impacts 1. Each Contracting Party,
as far as possible and as appropriate, shai1 :


as appropriate;
damage; and
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Rio Declaration on Environment and Development
Principle 7
States shall cooperate in a spirit of global partnership to conserve, protect and restore the
health and integrity of the Earth's ecosystem. In view of the different contributions to global
environmental degradation, States have common but differentiated responsibilities. The
developed countries acknowledge the responsibility that they bear in the international pursuit
of sustainable development in view of the pressures their societies place on the global
environment and of the technologies and financial resources they command.
Principle 15
In order to protect the environment, the precautionary approach shall be widely applied by
States according to their capabilities. Where there are threats of serious or irreversible
damage, lack of full scientific certainty shall not be used as a reason for postponing cost-
effective measures to prevent environmental degradation.
Vienna Convention on the law of treaties
Article 31, GENERAL RULE OF INTERPRETATION
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be
given to the terms of the treaty in their context and in the light of its object and purpose.
2. The context for the purpose of the interpretation of a treaty shall comprise, in addition to
the text, including its preamble and annexes:
(a) Any agreement relating to the treaty which was made between all the parties in connexion
with the conclusion of the treaty;
27 | P a g e
(b) Any instrument which was made by one or more parties in connexion with the conclusion
of the treaty and accepted by the other parties as an instrument related to the treaty.
3. There shall be taken into account, together with the context:
(a) Any subsequent agreement between the parties regarding the interpretation of the treaty or
the application of its provisions;
(b) Any subsequent practice in the application of the treaty which establishes the agreement
of the parties regarding its interpretation;
(c) Any relevant rules of international law applicable in the relations between the parties.
4. A special meaning shall be given to a term if it is established that the parties so intended.
Convention on the Conservation of European Wildlife and Natural Habitats
Article 1
1 The aims of this Convention are to conserve wild flora and fauna and their natural habitats,
especially those species and habitats whose conservation requires the co-operation of several
States, and to promote such co-operation.
2 Particular emphasis is given to endangered and vulnerable species, including endangered

and vulnerable migratory species.
Article 6
Each Contracting Party shall take appropriate and necessary legislative and administrative
measures to ensure the special protection of the wild fauna species specified in Appendix II.
The following will in particular be prohibited for these species: a all forms of deliberate
capture and keeping and deliberate killing; b the deliberate damage to or destruction of
breeding or resting sites; c the deliberate disturbance of wild fauna, particularly during the
period of breeding, rearing and hibernation, insofar as disturbance would be significant in
relation to the objectives of this Convention; d the deliberate destruction or taking of eggs
from the wild or keeping these eggs even if empty; e the possession of and internal trade in
these animals, alive or dead, including stuffed animals and any readily recognisable part or
derivative thereof, where this would contribute to the effectiveness of the provisions of this
article.
Article 7
1 Each Contracting Party shall take appropriate and necessary legislative and administrative
measures to ensure the protection of the wild fauna species specified in Appendix III.
2 Any exploitation of wild fauna specified in Appendix III shall be regulated in order to keep
the populations out of danger, taking into account the requirements of Article 2. 3 Measures
to be taken shall include: a closed seasons and/or other procedures regulating the
exploitation; b the temporary or local prohibition of exploitation, as appropriate, in order to
28 | P a g e
restore satisfactory population levels; c the regulation as appropriate of sale, keeping for sale,
transport for sale or offering for sale of live and dead wild animals.
Article 8
In respect of the capture or killing of wild fauna species specified in Appendix III and in
cases where, in accordance with Article 9, exceptions are applied to species specified in
Appendix II, Contracting Parties shall prohibit the use of all indiscriminate means of capture
and killing and the use of all means capable of causing local disappearance of, or serious
disturbance to, populations of a species, and in particular, the means specified in Appendix
IV.
Article 10
1 The Contracting Parties undertake, in addition to the measures specified in Articles 4, 6, 7

and 8, to co-ordinate their efforts for the protection of the migratory species specified in
Appendices II and III whose range extends into their territories.
2 The Contracting Parties shall take measures to seek to ensure that the closed seasons and/or
other procedures regulating the exploitation established under paragraph
3.a of Article 7 are adequate and appropriately disposed to meet the requirements of the
migratory species specified in Appendix III.

2012, on the effective implementation of guidance for Parties on biodiversity and
climate change
Natural Habitats, in accordance with Article 14 of the Convention,
habitats;
requirements;
29 | P a g e
Emerald Network;
Bearing in mind that climate change mitigation has a key role in reducing the impacts of
climate change on biodiversity and the need for further adaptation measures;
Recalling the CBD Conference of the Parties Decision X/33 on Biodiversity and climate
change and its guidance;
Recognising the EU 2020 Biodiversity Strategy, namely the strategic objective aiming at a
more climate resilient, low-carbon economy;
Recalling recommendations of the Standing Committee to the Bern Convention: No. 122
(2006), on the conservation of biological diversity in the context of climate change; No. 135
(2008) and No. 143 (2009) on addressing the impacts of climate change on biodiversity; No.
145 (2010) on guidance for Parties on biodiversity and climate change in mountain regions;
No. 146 (2010) on guidance for Parties on biodiversity and climate change in European
islands, No. 147 (2010) on guidance for Parties on wildland fires, biodiversity and climate
change; and No. 152 (2011) on Marine Biodiversity and Climate Change;
Welcoming and bearing in mind the conclusions of the monitoring assessment presented in
the report “An analysis of the implementation of recommendations made by the Group of
Experts on Biodiversity and Climate Change (2006-2010)”, by Prof. Brian Huntley [doc T-
PVS/Inf (2012) 11];

Migratory Species Conservation in the light of climate change and Resolution 5.13 of the
Meeting of the Parties to the African-Eurasian Waterbirds Agreement on Climate change
adaptation measures for waterbirds;
Diversity on Monitoring progress in implementation of the Strategic Plan for Biodiversity
2011-2020 and the Aichi Biodiversity Targets;
Acknowledging that most Parties already recognise the need to take action in relation to the
conservation of biodiversity in the face of climate change;
Noting that many Parties reported actions relating to the development of policies, strategies
or legislative measures designed to address specifically the issue of biodiversity conservation
in the face of climate change;
30 | P a g e
Welcoming in particular many excellent examples of good practice which were identified,
especially those where the embedding of consideration of biodiversity issues cross-
sectorally has already been achieved, where win–win solutions are being adopted for
adaptation and/or mitigation, where the development of ecological networks is already
underway, where the need to embed national actions in their international context has been
recognised, where systematic evaluations of species’ vulnerability to climate change have
been made using species’ distribution models, and where a national vision underpins a series
of coherent actions aimed at addressing both the limitation of climate change and its
inevitable impacts;
Concerned by the gaps identified with regards to those specific and practical actions most
directly related to minimising the negative effects of climate change on biodiversity, and
especially upon species and ecosystems already under threat from other pressures;
Recalling the desirability and benefits of adopting adaptive management practices;
Stressing that many of the actions recommended can almost certainly be commenced under
existing conservation legislation in the Parties:
1. Urgently implement the practical conservation measures that have been recommended
by the Group of Experts and encourage appropriate national bodies involved in nature
conservation to adopt and use them as resources permit; urgent action should more
particularly focus on implementing adaptive management practices and strategies,
enhancing the adaptive capacity of vulnerable species (rare/endemic/threatened),
minimising pressures and threats on species and habitats that are most vulnerable to
climate change, and implementing monitoring of, inter alia; species’ population trends,
species behaviour, including phenology, and climate change impacts upon critical
areas;
2. Take further steps to develop ecological networks, to promote and enhance the
permeability of landscapes generally, and also enhance their protected areas networks, as
appropriate, by increasing the extent of existing sites, designating new sites and
establishing buffer zones, and ensuring they are sustainably and adaptively managed;
3. Take an appropriately long-term view, based on adaptive management methodologies,
when formulating management plans and strategies for protected areas management;
4. Adopt, as appropriate, a more holistic approach when formulating strategies and plans
for ecological networks or protected areas, and when developing conservation or recovery
plans for individual species. In particular, encourage the general adoption of the
examples of good practice reported, especially by Switzerland and Ukraine, with respect
to taking into account their international context when planning ecological networks, and
to developing networks and protected areas in partnership with their neighbours;
5. Adopt measures that encourage biodiversity conservation to be embedded across other
sectors and taken into account when formulating policies or strategies for those sectors,
also by informing policy-makers across the Parties about the opportunities for win–win
solutions, for instance through the development and use of ecosystem-based approaches,
when developing strategies for adaptation to climate change by their sector as well as for
mitigation measures;
31 | P a g e
6. Undertake knowledge transfer activities using existing mechanisms, to encourage
awareness by other stakeholders and the general public of the challenges posed and
opportunities presented by climate change when considering biodiversity conservation,
including its links to other sectors and the opportunities for win–win solutions;
7. Take account of the potential increased risk of wildfires as a result of climate change
and embed, as appropriate, mitigation measures for consideration of this risk into
protected area management plans;
8. Adopt the good practice, identified in the case of the United Kingdom, of implementing
measures for the assessment of introductions that include assessment of the impacts of
projected climate changes on species’ invasion potential;
Further instructs the Bern Convention Group of Experts on biodiversity and climate change
to:
1. Take all necessary steps to ensure that the importance of the issue of climate change on
biodiversity, and understanding the role of biodiversity in adapting to and mitigating the
effects of climate change is well recognised by all Contracting Parties;
2. Promote awareness among Contracting Parties of the examples of good practice identified
and urge their implementation;
3. Ensure that those persons preparing reports from Parties for the Group of Experts are
fully informed about relevant activities, for example monitoring activities, being
undertaken in their country, thus avoiding spurious identification of gaps in the activities
of that Party or of priorities for new actions by the Party;
4. Assess the potential for introduced species already present in the national territory of
Contracting Parties to become invasive under future climate conditions, in close co-
operation with the Group of Experts on Invasive Alien Species, and using information
and methodologies developed in other fora, where appropriate;
5. Inform the Standing Committee on the progress made in the implementation of this
Recommendation.
CLIMATE CHANGE AND MIGRATORY SPECIES (Resolution 12.21)
Adopted by the Conference of the Parties at its 12th Meeting (Manila, October 2017)
Recalling Recommendation 5.51 and Resolutions 8.13, 9.7, 10.19, and 11.262 ,
Recognizing that climate change is already having an adverse impact on migratory species
and the phenomenon of animal migration (UNEP/CMS/ScC17/Inf.12),
Recognizing that due to climate change, ranges of migratory species are changing and that
CMS instruments may need to adapt to these variations,
Acknowledging that changes in human activities as a result of climate change, including

adaptation and mitigation measures, may have the most immediate negative impact on
migratory species,
32 | P a g e
Acknowledging the considerable threat that climate change poses for migratory species and
their habitats based upon the findings of the 5th Assessment of the Intergovernmental Panel
on Climate Change (IPCC) and its Synthesis Report and Summary for Policymakers,
Recognizing that the best available scientific information indicates that action to help
migratory species adapt to climate change is urgently required in order to meet the objectives
of the Convention; to give proper effect to Articles II and III, and to the instruments adopted
under Article IV, whereas at the same time there is a need to expand and refine knowledge
concerning the impacts of climate change on migratory species,
Emphasizing the need to coordinate action to help migratory species adapt to climate change
within the framework of the CMS instruments,
Acknowledging that recent scientific evidence indicates that the importance of current
protected areas and protected area networks for migratory species conservation is not
expected to diminish on account of climate change and in many instances may increase,
Recognizing that it will often be necessary to enhance protected areas and networks in order
to maximize representativeness and thereby increasing their contribution to migratory species
conservation in light of climate change, and to better integrate these into wider landscapes
and seascapes,
Mindful of the call on Parties and Signatories to CMS instruments in Resolution 10.19 to
enable the full participation in CMS and CMS instruments of States that are not currently
within the range of the species involved, but are expected to become Range States in the
future due to climate change,
Convention on the Conservation of Migratory Species of Wild Animals
Article III
Endangered Migratory Species: Appendix I
1. Appendix I shall list migratory species which are endangered.
2. A migratory species may be listed in Appendix I provided that reliable evidence, including
the best scientific evidence available, indicates that the species is endangered.
3. A migratory species may be removed from Appendix I when the Conference of the Parties
determines that:
a) reliable evidence, including the best scientific evidence available, indicates that the
species is no longer endangered, and
b) the species is not likely to become endangered again because of loss of protection
due to its removal from Appendix I.
4. Parties that are Range States of a migratory species listed in Appendix I shall endeavour:
a) to conserve and, where feasible and appropriate, restore those habitats of the
species which are of importance in removing the species from danger of extinction;
b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects
of activities or obstacles that seriously impede or prevent the migration of the species;
and
33 | P a g e
c) to the extent feasible and appropriate, to prevent, reduce or control factors that are
endangering or are likely to further endanger the species, including strictly controlling
the introduction of, or controlling or eliminating, already introduced exotic species.
5. Parties that are Range States of a migratory species listed in Appendix I shall prohibit the
taking of animals belonging to such species. Exceptions may be made to this prohibition only
if:
a) the taking is for scientific purposes;
b) the taking is for the purpose of enhancing the propagation or survival of the
affected species;
c) the taking is to accommodate the needs of traditional subsistence users of such
species; or
d) extraordinary circumstances so require;
provided that such exceptions are precise as to content and limited in space and time. Such
taking should not operate to the disadvantage of the species.
6. The Conferences of the Parties may recommend to the Parties that are Range States of a
migratory species listed in Appendix I that they take further measures considered appropriate
to benefit the species.
7. The Parties shall as soon as possible inform the Secretariat of any exceptions made
pursuant to paragraph 5 of this Article.
34 | P a g e

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CONVENTION ON BIOLOGICAL DIVERSITY

Article 2. Use of Terms For the purposes of this Convention:

"Biological resources' includes genetic resources, organisms or parts thereof, populations, or

"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities

"Ex-situ conservation" means the conservation of components of biological diversity outside

"Genetic resources" means genetic material of actual or potential value.

Regional economic integration organization" means an organization constituted by sovereign

"Technology" includes biotechnology.

Article 8. In-situ Conservation

Each Contracting Party shall, as far as possible and as appropriate:

(e) Promote environmentally sound and sustainable development in areas adjacent to

Article 14. Impact Assessment and Minimizing Adverse Impacts

1. Each Contracting Party, as far as possible and as appropriate, shai1 :

(a) Introduce appropriate procedures requiring environmental impact assessment of its

(c) Promote, on the basis of reciprocity, notification, exchange nf information and

2 Particular emphasis is given to endangered and vulnerable species, including endangered

b to encourage and co-ordinate research related to the purposes of this Convention.

2 Each Contracting Party undertakes:

b To strictly control the introduction of non-native species.

Article 13. Public Education and Awareness

The Contracting Parties shall:

Impact Assessment and Minimizing Adverse Impacts

1. Each Contracting Party, as far as possible and as appropriate, shai1 :

(a) Introduce appropriate procedures requiring environmental impact assessment of its

(c) Promote, on the basis of reciprocity, notification, exchange nf information and

Recommendation No. 158 (2012) of the Standing Committee, adopted on 30 November

Recommendation No. 159 (2012) of the Standing Committee, adopted on 30 November

Welcoming Resolution 10.19 of the Conference of the Parties to the Convention on

Recalling the desirability and benefits of adopting adaptive management practices;

FUTURE CMS ACTIVITIES RELATED TO INVASIVE ALIEN SPECIES (11.28)

Appreciating the important developments in the growth of inter-sectoral cooperation on IAS

9. Instructs the Secretariat, resources permitting, to participate in the Inter-Agency Liaison

The duty to cooperate in International law: Sovereignty vs. trans-boundary environmental

Corfu Channel (U.K. v. Alb.)

(5) As a general principle, the obligation in article 3 to prevent significant transboundary

States shall enact effective environmental legislation. Environmental standards, management

Universal Declaration of Human Rights

Article 2. Use of Terms For the purposes of this Convention:

"Biological resources' includes genetic resources, organisms or parts thereof, populations, or

"Ecosystem" means a dynamic complex of plant, animal and micro-organism communities

"Ex-situ conservation" means the conservation of components of biological diversity outside

"Genetic resources" means genetic material of actual or potential value.

(e) Promote environmentally sound and sustainable development in areas adjacent to

(a) Introduce appropriate procedures requiring environmental impact assessment of its

(c) Promote, on the basis of reciprocity, notification, exchange nf information and

Rio Declaration on Environment and Development

Vienna Convention on the law of treaties

Article 31, GENERAL RULE OF INTERPRETATION

3. There shall be taken into account, together with the context:

Convention on the Conservation of European Wildlife and Natural Habitats

2 Particular emphasis is given to endangered and vulnerable species, including endangered

1 The Contracting Parties undertake, in addition to the measures specified in Articles 4, 6, 7

Recommendation No. 159 (2012) of the Standing Committee, adopted on 30 November

Welcoming Resolution 10.19 of the Conference of the Parties to the Convention on

Recalling the desirability and benefits of adopting adaptive management practices;

CLIMATE CHANGE AND MIGRATORY SPECIES (Resolution 12.21)

Acknowledging that changes in human activities as a result of climate change, including

Convention on the Conservation of Migratory Species of Wild Animals

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